Sibghat Ullah Khan, J. - (1.) List revised. No-one appears for the workman- respondent no.1.
(2.) Heard learned counsel for the petitioner.
(3.) This writ petition is directed against the award dated 04.06.2001, passed by Presiding Officer, Labour Court, U.P., Varanasi, in Adjudication Case No. 59 of 1999. The matter which was referred to the Labour Court was as to whether the action of the petitioner-employer terminating the services of its workmanrespondent no.1 (who was working on the post of Labour Supervisor) w.e.f. 29.07.1998, was just and valid or not. The case of the workman was that he was appointed on 30.12.1992 and worked continuously on the said post till 28.07.1998 with only artificial breaks of few days every year and his services were terminated by two words order "sanction expired" and that he was not paid any compensation. The case of the employer was that the workman was appointed on temporary basis as per requirement of the work in construction department for particular projects for limited periods and the last appointment was dated 23.01.1998 for six months and that the concerned workman had received all the dues. It was also stated by the employer, as mentioned in the impugned award that the employer offered job in an other department/section when it became vacant on the application of the workman dated 22.10.1998. The workman was selected and appointment letter was given on 23.10.1998 on plant no.2 as Badli worker however, the workman resigned from the said job. The workman also stated that at the time of removal his wages were Rs.1476.99/-.26866;